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Delegation of Governmental Power to Private PartiesA Comparative Perspective$
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Catherine M. Donnelly

Print publication date: 2007

Print ISBN-13: 9780199298242

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199298242.001.0001

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Legislative and Regulatory Controls on Delegation

Legislative and Regulatory Controls on Delegation

Chapter:
(p.166) 5 Legislative and Regulatory Controls on Delegation
Source:
Delegation of Governmental Power to Private Parties
Author(s):

Catherine M Donnelly

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199298242.003.0005

This chapter considers control techniques which tend to regulate the day-to-day management details of private delegation. The focus is on executive delegators, because by their nature — and unlike the constitutional controls considered in Chapter 4, which have the potential to apply to all governmental actors — legislative and regulatory controls are not generally used to constrain legislators. The emphasis is also primarily on the executive's use of its dominium power as an instrument of delegation; in particular, the use of contract and grant as mechanisms of delegation are examined carefully. Questions considered include limiting the tasks that can be delegated to private actors through regulation and protection of vulnerable populations through procurement rules. An extensive range of legal control is reviewed including public-private partnership policy statements, private finance initiative, EU public procurement law, the EU's 2002 Financial Regulation, the US Federal Acquisitions Regulations, and US federal Circular A-76.

Keywords:   financial regulation, public procurement, contracting out, secondary policies, public-private partnerships, Circular A-76

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